# Manjusha Devi v. State Of U.P. & Ors

- **Citation:** (2016) 8 ILRA 1291
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2016-08-22
- **Bench:** Devendra Kumar Upadhyaya
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/manjusha-devi-v-state-of-u-p-ors-44187
- **Pages:** 11

## Headnote

Service Law - Promotion - Group 'D' to Group 'C' - Typing test - Validity - Challenge to
promotion process on ground that typing test not prescribed under statutory rules - Relevant Rules, 2001
provide for selection based on written test, interview and character roll with Note permitting qualifying typing
test where required - Government Order dated 23.08.2011 mandates knowledge of typing with minimum
speed for promotion - Held, to assess such knowledge, conducting typing test is permissible - Prescription
of minimum speed (25 w.p.m.) valid and not arbitrary.
Service Law - Statutory Rules vs Government Orders - Field of operation - Where statutory rules
are silent or do not comprehensively cover eligibility criteria, Government Orders can supplement -
Government Order prescribing typing qualification fills gap and is enforceable.
Service Law - Qualifying test - Nature - Typing test is only qualifying in nature and not part of merit
evaluation - Marks of typing test not to be counted for determining merit list - Its purpose limited to
assessing minimum eligibility.
Service Law - Promotion - Eligibility vs assessment - Distinction between possessing knowledge of
typing and testing such knowledge - Held, requirement of knowledge necessarily implies power to test such
skill - Fixation of benchmark speed justified.
In Result: Writ petition dismissed; selection/promotion process upheld.

Cases cited:
State of U.P. and others vs. Umesh Chandra SrivastavaSpecial Appeal (D) No.477 of 2010 (decided on
20.07.2010)
Udai Pratap Singh vs. State of U.P. and othersWrit Petition No.5415 (S/S) of 2014 (decided on 18.08.2015)
Sanjeev Sharma vs. State of U.P. and othersSpecial Appeal No.485 of 2010 (decided on 22.07.2010)
Dr. Vijay Laxmi Sadho vs. Jagdish(2001) 2 SCC 247
State of Punjab and others vs. Jagdish KaurCivil Appeal No.2897 of 2006
Dhananjay Malik and others vs. State of Uttranchal and othersAppeal (Civil) No.1771 of 2008

## Text

8 All. Manjusha Devi Vs State Of U.P. & Ors.
1291
(2016) 8 ILRA 1291
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 22.08.2016

BEFORE

THE HON'BLE DEVENDRA KUMAR UPADHYAYA, J.

Service Single No. - 5683 Of 2015

Manjusha Devi ...Petitioner
Versus
State Of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sharad Pathak

Counsel for the Respondents:
C.S.C

Service Law - Promotion - Group 'D' to Group 'C' - Typing test - Validity - Challenge to
promotion process on ground that typing test not prescribed under statutory rules - Relevant Rules, 2001
provide for selection based on written test, interview and character roll with Note permitting qualifying typing
test where required - Government Order dated 23.08.2011 mandates knowledge of typing with minimum
speed for promotion - Held, to assess such knowledge, conducting typing test is permissible - Prescription
of minimum speed (25 w.p.m.) valid and not arbitrary.
Service Law - Statutory Rules vs Government Orders - Field of operation - Where statutory rules
are silent or do not comprehensively cover eligibility criteria, Government Orders can supplement -
Government Order prescribing typing qualification fills gap and is enforceable.
Service Law - Qualifying test - Nature - Typing test is only qualifying in nature and not part of merit
evaluation - Marks of typing test not to be counted for determining merit list - Its purpose limited to
assessing minimum eligibility.
Service Law - Promotion - Eligibility vs assessment - Distinction between possessing knowledge of
typing and testing such knowledge - Held, requirement of knowledge necessarily implies power to test such
skill - Fixation of benchmark speed justified.
In Result: Writ petition dismissed; selection/promotion process upheld.

Cases cited:
State of U.P. and others vs. Umesh Chandra SrivastavaSpecial Appeal (D) No.477 of 2010 (decided on
20.07.2010)
Udai Pratap Singh vs. State of U.P. and othersWrit Petition No.5415 (S/S) of 2014 (decided on 18.08.2015)
Sanjeev Sharma vs. State of U.P. and othersSpecial Appeal No.485 of 2010 (decided on 22.07.2010)
Dr. Vijay Laxmi Sadho vs. Jagdish(2001) 2 SCC 247
State of Punjab and others vs. Jagdish KaurCivil Appeal No.2897 of 2006
Dhananjay Malik and others vs. State of Uttranchal and othersAppeal (Civil) No.1771 of 2008

(Delivered by Hon'ble Devendra Kumar Upadhyaya, J.)
1292 INDIAN LAW REPORTS ALLAHABAD SERIES

1. Heard Sri Sharad Pathak, learned counsel for petitioner and learned Standing Counsel
representing the State-respondents.

2. The petitioner, who is a class-IV employee working in the office of District Agriculture
Protection Officer, Sultanpur, is aggrieved by the process of selection involving typing test adopted
by the respondents for the purposes of making promotion to the post of Junior Clerk/Junior
Assistant which is a class-III post on the ground that typing test not being the requirement under the
relevant Service Rules for promotion to class-III post of Junior Clerk/Junior Assistant, the
petitioner could not have been subjected to it. The petitioner has, thus, challenged the order dated
07.02.2014 by which the promotions of respondent nos.5 to 10 were made against class-III post.

3. Appointments to the ministerial staff in the Department of Agriculture, State of U.P. are
governed by Rules framed under Article 309 of the Constitution of India known as ''Uttar Pradesh
Agriculture Department Ministerial Service Rules, 1983' (for brevity ''Rules, 1983'). Recruitment to
the various categories of posts in service has been dealt with in Part-III of Rules, 1983, according to
which the regional and subordinate offices have the posts of Junior Clerks, Senior Clerks and Head
Clerks. According to Rule 5 of Rules, 1983, Junior Clerks are to be recruited in accordance with the
provisions contained in the Subordinate Offices Ministerial Staff (Direct Recruitment) Rules, 1975.
The qualification prescribed for appointment as Junior Clerk has been given in Rule 8 of Rules,
1983, according to which, a candidate for direct recruitment to various posts in service should
possess intermediate examination of the Board of High School and Intermediate Education, U.P or
an examination equivalent thereto recognized by the Government. Subsequent to promulgation of
the Rules, 1983, the State Government notified the Rules known as '' The Uttar Pradesh
Subordinate Offices Ministerial Group 'C' Posts of the Lowest Grade (Recruitment by Promotion)
Rules 2001 (for brevity ''Rules, 2001'). According to Rule 5 of Rules, 2001, recruitment to 20% of
the vacancies in the ministerial Group-'C' posts in subordinate office are to be made by promotion
through the selection committee. Out of total 20% of the vacancies to be filled in by promotion,
15% posts are to be filled in by making promotion from amongst those substantively appointed
Group-'D' employees who have passed High School examination of the Board of High School and
Intermediate Education, U.P or an examination equivalent thereto recognized by the State
Government and rest of 5% vacancies are to be filled in by way of making promotion from amongst
those substantively appointed Group-'D' employees who have passed Intermediate examination of
the said Board or an examination equivalent thereto recognized by the State Government.

4. The claim of the petitioner for being promoted to Group-'C' post is, thus, based on the
provisions contained in Rules, 2001 which prescribe quota for making recruitment to Group-'C'
post from amongst substantively appointed Group-'D' employees having passed either High School
or intermediate examination. The procedure for recruitment by promotion has been provided in
Rule 8 of Rules, 2001 which is quoted hereinbelow:-

"8. Procedure for recruitment by promotion - (1) For the purpose of recruitment by
promotion, there shall be constituted a Selection Committee in accordance with the provisions of
8 All. Manjusha Devi Vs State Of U.P. & Ors.
1293
the Uttar Pradesh Constitution of Departmental Promotion Committee for posts outside the
purview of the Public Service Commission Rules, 1992, as amended from time to time.

Note : Nomination of Officers for giving representation to the Scheduled Castes,
Scheduled Tribes and Other Backward Classes of Citizens in the Selection Committee shall be
made in accordance with the order made under Section 7 of the Uttar Pradesh Public Services
(Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994, as
amended from time to time.

(2) Recruitment by promotion shall be made on the basis of merit as disclosed by
marks obtained in the test for selection through the Selection Committee constituted under sub-rule
(1). The test for selection shall include a simple written test, interview and evaluation of character
roll. The maximum marks to be assigned for written test, interview and evaluation of character roll
shall be as given below:

(a) Written Test
Thirty marks
(b) Interview
Ten marks
(c) Evaluation of character roll
Ten marks
-------------
Total Fifty marks
-------------
Note 1 - The written test shall include a single question paper. The question paper
shall contain two questions. Each question shall carry fifteen marks. One question shall be on
Hindi Essay writing on a simple topic and the other shall be on General Knowledge.

Note 2 - Where recruitment by promotion is being made for the post of Typist or a
post for which Hindi Typewriting is essential, there shall be conducted a qualifying test of Hindi
Typewriting also, as prescribed by the Government from time to time. To qualify this test a
candidate must have a minimum speed of twenty-five words per minute in Hindi Typewriting.

(3) The Selection Committee shall conduct the test of eligible candidates under
sub-rule (2). After the marks obtained by the candidates in the said test have been tabulated, the
Selection committee shall, having regard to the need for securing due representation of the
candidates belonging to the Scheduled Castes and Scheduled Tribes in accordance with rule 6,
prepare a list of candidates in order of merit as disclosed by marks obtained by them in the said
test and recommends such number of candidates by marks obtained by them in the said test and
recommends such number of candidates as, on the basis of the result of the said test have come up
to the standard fixed by the Selection Committee in this respect. If two or more candidates obtain
equal marks the candidate obtaining higher marks in the written candidates obtain equal marks,
the candidate obtaining higher marks in the written test shall be placed higher in the list. In case
two or more candidates obtain equal marks in the written test also, the candidate senior in age
1294 INDIAN LAW REPORTS ALLAHABAD SERIES

shall be placed higher in the select list. The Selection Committee shall forward the list to the
appointing authority."

5. According to the aforequoted provisions contained in Rule 8 of Rules, 2001, recruitment
by promotion is to be made on the basis of merit as determined by the marks obtained in the test for
selection which includes a written test, interview and evaluation of character rolls. Note-2 appended
to Rule 8 of Rules, 2001 provides that in a case where recruitment by promotion is to be made for
the post of typist or a post for which Hindi typewriting is essential, a qualifying test of Hindi
typewriting also shall be conducted. It further provides that a candidate must have a minimum
speed of 25 words per minute in Hindi typewriting to qualify the said test. Thus, test of Hindi
typewriting is of qualifying nature, that is to say, it will not be counted for the purposes of
determining the merit in terms of the provisions contained in Rule 8 (2) of Rules, 2001.

6. Submission of learned counsel for the petitioner is that the post against which the
petitioner is seeking promotion is the post of Junior Clerk and not that of Clerk-cum-Typist, as such
for the post in question Hindi typewriting is not essential. He has further stated that in any event it
is only knowledge of Hindi typewriting which the petitioner possesses and subjecting her to any
test, since has not been envisaged either in Rules, 2001 or in Rules, 1983, action of the respondents
cannot be justified as the same is contrary to the provisions contained in the aforesaid Rules.

7. In support of his submission, learned counsel for the petitioner has relied upon a
Division Bench judgment of this Court in the case of State of U.P. and others vs. Umesh Chandra
Srivastava, delivered on 20.07.2010 in Special Appeal (D) No.477 of 2010. He has also relied upon
a judgment of Hon'ble Single Judge in the case of Udai Pratap Singh vs. State of U.P. and others,
delivered on 18.08.2015 in Writ Petition No.5415 (S/S) of 2014, which is based on the judgment of
the Division Bench of this Court in the case of Umesh Chandra Srivastava (supra). Learned
counsel for the petitioner has also relied upon yet another Division Bench judgment of this Court in
the case of Sanjeev Sharma vs. State of U.P. and others, rendered on 22.07.2010 in Special Appeal
No.485 of 2010. Lastly, Sri Pathak, learned counsel for petitioner has relied upon a judgement of
Hon'ble Supreme Court in the case of Dr. Vijay Laxmi Sadho vs. Jagdish, reported in (2001) 2
SCC, 247 and contended that this Court is bound by earlier decision of Hon'ble Single Judge and
that in case of disagreement, the matter should be referred to a larger Bench.

8. Opposing the submission made by learned counsel for the petitioner, learned Additional
Chief Standing Counsel has submitted that the arguments made by learned counsel for petitioner
are not tenable in view of what has been prescribed by State Government in the government order
issued on 23.08.2011 in respect of recruitment to be made in the clerical cadre in the Department of
Agriculture which prescribes that the educational qualification for the post of Junior Clerk and
Junior Assistant shall be intermediate along with CCC certificate granted by the DOEACC. He has
further stated that this government order also provides that the candidate aspiring for recruitment to
the post of Junior Clerk and Junior Assistant should have minimum typing speed of 25/30 words
per minute. Learned Additional Chief Standing Counsel has relied upon enclosure-2 appended to
the government order dated 23.08.2011 which is extracted hereinbelow:-
8 All. Manjusha Devi Vs State Of U.P. & Ors.
1295

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1296 INDIAN LAW REPORTS ALLAHABAD SERIES

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9. Reliance has been placed by learned Additional Chief Standing Counsel on the judgment
of Hon'ble Supreme Court rendered on 26.08.2011 in the case of State of Punjab and others vs.
Jagdish Kaur, Civil Appeal No.2897 of 2006. He has also placed reliance on yet another judgment
8 All. Manjusha Devi Vs State Of U.P. & Ors.
1297
of Hon'ble Supreme Court delivered on 05.08.2008 in the case of Dhananjay Malik and others vs.
State of Uttranchal and others, Appeal (Civil) No.1771 of 2008.

10. Having considered the arguments made by learned counsel for the respective parties, I
am unable to agree with the submissions made by learned counsel for the petitioner for the reasons
which are to follow.

11. It is true that Rules, 1983 do not prescribe knowledge of Hindi typing as essential
qualification for the post of Junior Clerk as Rule 8 of the said Rules provides that a candidate for
direct recruitment to various posts in service must have passed intermediate examination of Board
of High School or Intermediate Education or equivalent examination. However, what is relevant at
this juncture is to examine the provisions contained in Rules, 2001. As stated above, Rule, 8 of
Rules, 2001 prescribes the procedure for promotion. Note-2 appended to Rule 8 (2) of Rules, 2001
in clear terms provides that in a case where promotion is to be made for the post of typist or for a
post for which Hindi typewriting is essential, a qualifying test of Hindi typewriting shall be
conducted, though test of Hindi typewriting is of a qualifying nature. It also provides that test of
Hindi typewriting shall be as prescribed by the State Government from time to time. Note-2
appended to Rules, 2001 has to be read with the provisions contained in Government Order dated
23.08.2011, according to which the minimum qualification for direct recruitment to the post of
Junior Clerk/Junior Assistant in the Department of Agriculture is intermediate with CCC certificate
in computer operation. In addition to intermediate and qualification of computer operation, the
candidate should have the knowledge of Hindi/English typewriting with a minimum speed of 25/30
words per minute. Thus, the prescription as required by Note-2 appended to Rule 8 (2) of Rules,
2001 is available in the Government order dated 23.08.2011.

12. Learned counsel for the petitioner has stated that knowledge of Hindi/English
typewriting with the minimum speed of 25/30 words per minute is applicable only in case of direct
recruitment and not in the case of promotion.

13. The said submission is highly misconceived for the reason that the appendix-2
appended with the Government Order dated 23.08.2011 provides that 15% posts shall be filled in
from amongst such class-IV employees who are having High School qualification and have
knowledge of typing and 5% vacancies are to be filled in from amongst those class-IV employees
who are intermediate and have knowledge of typing.

14. Learned counsel for the petitioner has, however, submitted that a class-IV or Group-'D'
employee having knowledge of typing is one thing and subjecting such an employee to a test is the
other. His submission, thus, is that it may be correct that appendix-2 appended to the government
order dated 23.08.2011 may require knowledge of typing to be possessed by Group-'D' employee
for his promotion but the same does not require subjecting such an employee to typing test and
since in the instant case, the petitioner was subjected to typing test and was required to possess the
skill of Hindi typewriting with a minimum speed of 25 words per minute, as such the entire
1298 INDIAN LAW REPORTS ALLAHABAD SERIES

procedure adopted by the respondents is not tenable being contrary not only to the Rules but also to
the provisions contained in Government Order dated 23.08.2011.

15. The aforesaid submission has been considered. However, on a closure scrutiny, the
same deserves rejection which is hereby rejected.

16. The prescriptions available in appendix-2 appended to the Government Order dated
23.08.2011 clearly stipulate that only those Group-'D' employees shall be considered for promotion
who have knowledge of typing. As to whether a Group-'D' employee has the knowledge of typing
or not can be tested only if such an employee is subjected to typing test. The minimum skill to be
acquired by the Group-'D' employee in Hindi typing for making him/her eligible for promotion can
always be judged and for judging as to whether Group-'D' employee has the knowledge of Hindi
typing if the authorities have fixed the bench mark of speed of 25 words per minute in Hindi typing,
the same cannot be faulted with.

17. It is also noticeable that Rule 8 and Note-2 appended to Rule 8 (2) of Rules, 2001
provides that Hindi typewriting test is qualifying in nature. This means that for the purposes of
preparation of merit, the marks obtained or evaluation based on test of Hindi typewriting is not to
be taken into account in the instant case as well. However, what the respondents have done is that
they have subjected the Group-'D' employees to test of Hindi typewriting and have prescribed the
speed of 25 words per minute to declare a Group-'D' employee to be qualified in Hindi typewriting,
that is to say, to judge as to whether a Group-'D' employee has knowledge of Hindi typewriting, a
criteria has been fixed by the respondents that only those Group-'D' employees can be said to have
knowledge of Hindi typewriting who have a speed of 25 words per minute in Hindi typing. In view
of this, submission made by learned counsel for the petitioner that the Government Order only
prescribes that Group-'D' employee seeking promotion should only have the knowledge of Hindi
typing and they cannot be subjected to test of Hindi typing is misconceived and thus is not
accepted.

18. The judgment rendered by the Division Bench of this Court in the case of Umesh
Chandra Srivastava (supra) pertained to recruitment process to be adopted for making promotion
of Group-'D' employees to Group-'C' post in Public Works Department. In the said case despite
time having been granted to learned counsel representing the State, no such rules or government
order was produced before the Court by which the Group-'D' employees were required to pass the
typing test. In the instant case, the requirement of passing typing test by Group-'D' employees
seeking promotion to Group-'C' post in the Department of Agriculture has been prescribed by the
Government Order dated 23.08.2011. So far as the Public Works Department is concerned, either
there is no such prescription available in Rules or in any Government Order or the same were not
shown or produced before the Division Bench in the case of Umesh Chandra Srivastava (supra).
The judgment rendered by Hon'ble Single Judge in the case of Udai Pratap Singh (supra) is based
on Division Bench judgment of this Court in the case of Umesh Chandra Srivastava (supra).
However, it may be mentioned that the judgment rendered by Hon'ble Single Judge in the case of
Udai Pratap Singh (supra) related to the Transport Department and in the said case also, no such
8 All. Manjusha Devi Vs State Of U.P. & Ors.
1299
government order or rules containing provisions similar to the provisions contained in appendix-2
appended to Government Order dated 23.08.2011 were produced. The other judgment of Division
Bench of this Court relied upon by learned counsel for the petitioner in the case of Sanjeev Sharma
(supra) is also based on the judgment dated 20.07.2010 passed in Special Appeal (D) No.477 of
2010 i.e. case of Umesh Chandra Srivastava (supra).

19. The provisions contained in appendix-2 appended to Government Order dated
23.08.2011 are applicable in case of recruitment in the Department of Agriculture and it is this
Government Order which distinguishes the present case from the cases which have been cited by
learned counsel for the petitioner i.e. the judgment in the cases of Umesh Chandra Srivastava
(supra), Udai Pratap Singh (supra) and also in the case of Sanjeev Sharma (supra).

20. The Hon'ble Supreme Court in the case of State of Punjab and others vs. Jagdish Kaur
(supra), has dealt with a similar issue and concluded that in absence of statutory rules on any
subject the relevant government order would hold the field.

21. The facts in the case of State of Punjab and others vs. Jagdish Kaur (supra) were that
the Group-'D' employees were claiming promotion against class-III post without having passed the
typewriting test in Punjabi with a minimum speed of 30 words per minute. The Hon'ble High Court
of Punjab and Haryana held that condition of qualifying in typing test in Punjabi was illegal,
unreasonable and arbitrary. The finding of High Court was primarily based on the provisions of
Punjab Civil Services (General and Common Conditions of Service) Rules, 1994 and Hon'ble High
Court in the said case observed that in the service rules, the requirement of qualifying typewriting
test in Punjabi with a minimum speed of 30 words per minute was for direct recruitment but there
was no such requirement for promotion from class-IV to class-III posts. The Hon'ble Supreme
Court, however, reversed the finding recorded by the High Court in the said case noticing that the
statutory service rules framed under Article 309 of the Constitution of India did not provide for
promotion from class-IV as a mode of recruitment to class-III post and hence, there was no
question of finding any provision dealing with eligibility criteria for promotion from class-IV to
class-III posts in the said service rules. The Hon'ble Supreme Court relied upon the Government
circular dated 24.08.1993 wherein it was clearly prescribed that a provision for a qualifying test in
Punjabi typewriting which should be equal to the one prescribed by Subordinate Services Selection
Board for filling up class-III posts by promotion from amongst class-IV employees. The Hon'ble
Supreme Court also noticed that the aforesaid Government Order was subsequently amended by
another circular dated 27.10.1998 increasing the quota for promotion from 10% to 15% only
however, retaining the qualification of Punjabi typewriting as prescribed in earlier government
order. It is in the background of the aforesaid facts that the Hon'ble Supreme Court in the case of
State of Punjab and others vs. Jagdish Kaur (supra) has held that the requirement of qualifying
test in Punjabi typewriting with the minimum speed of 30 words per minute is manifestly a criterion
for promotion from class-IV to class-III post. The Hon'ble Supreme Court also held that in absence
of statutory rules on any subject the relevant government order would hold the field.
1300 INDIAN LAW REPORTS ALLAHABAD SERIES

22. If the facts of the present case are analyzed in the light of what has been held by
Hon'ble Supreme Court in the case of State of Punjab and others vs. Jagdish Kaur (supra), it
becomes clear that though neither Rules, 1983 nor Rules, 2001 prescribe for a qualifying test in
Hindi typewriting (however, Note-2 appended to Rule 8 (2) of Rules, 2001 does prescribe for
conducting qualifying test of Hindi typewriting for recruitment by promotion to a post for which
Hindi typewriting is essential) but the government order dated 23.08.2011, which has been issued
in respect of recruitment to be made by promotion of Group-'D' employees to Group-'C' post in the
Department of Agriculture, State of U.P., clearly prescribes in appendix-2 appended thereto that
such Group-'D' employee desirous of promotion should have the knowledge of typewriting.

23. As observed above, to test as to whether a candidate possesses knowledge of
typewriting, the criteria of minimum speed of 25 words per minute in Hindi typewriting can be
fixed by the respondents and if such criteria is uniformly applied to all the candidates, no wrong can
be attributed to the same.

24. For the reasons disclosed above and also keeping in view the dictum of Hon'ble
Supreme Court in the case of State of Punjab and others vs. Jagdish Kaur (supra), the writ
petition, in my considered opinion, fails which is resultantly dismissed.

25. However, there will be no order as to costs.
------------
8 All. Dinesh Kumar Vs State Of U.P. & Ors.
1301
(2016) 8 ILRA 1301
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 22.08.2016

BEFORE

THE HON'BLE PRADEEP KUMAR SINGH BAGHEL, J.

Service Single No.- 6035 Of 2013

Dinesh Kumar ...Petitioner
Versus
State Of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Rakesh Kumar Srivastava, Mrs. Seema Srivastava

Counsel for the Respondents:
C.S.C

Service Law - Disciplinary proceedings - Absenteeism - Dismissal - Validity - Petitioner, a
Class-IV employee in Civil Police, dismissed for remaining absent for about 277 days - Subsequently,
competent authority sanctioned said period as leave without pay under Fundamental Rule 73 - Held, once
leave is sanctioned by competent authority, absence cannot be treated as unauthorized - Disciplinary and
appellate authorities failed to consider this material fact - Orders vitiated.
Service Law - Disciplinary enquiry - Consideration of evidence - Perverse finding - Defence
evidence including testimony of treating doctor indicating illness ignored - No finding that absence was wilful
- Non-consideration of relevant evidence renders findings perverse and unsustainable.
Service Law - Punishment - Proportionality - Dismissal imposed for single charge of absence without
allegation of habitual absenteeism - Held, punishment disproportionate, especially when absence explained
by illness and later regularized - Extreme penalty unjustified.
Service Law - Judicial review - Scope - Interference justified - Where disciplinary authority
ignores material evidence and passes cryptic order, writ court justified in interfering - Matter liable to be
remitted for fresh consideration.
In Result: Writ petition allowed; impugned dismissal and appellate orders set aside; matter remitted to
disciplinary authority for fresh decision.

Cases cited:
1. Krushnakant B. Parmar v. Union of India and another(2012) 3 SCC 178
2. Om Prakash v. State of Punjab and others(2011) 14 SCC 682
3. General Manager (P), Punjab & Sind Bank and others v. Daya Singh(2010) 11 SCC 233
4. Chairman-cum-Managing Director, Coal India Limited and another v. Mukul Kumar Choudhuri and
others(2009) 15 SCC 620

(Delivered by Hon'ble Pradeep Kumar Singh Baghel, J.)

1. The petitioner was a Class-IV employee in Civil Police. He has instituted this writ
proceedings for quashing of the orders dated 30th August, 2012 and 24th April, 2013 passed by the